S. Majumder, Member

This appeal has been directed against the judgment passed by the district Forum, Kolkata, Unit-II, on 22.02.2008 in its case no-54/2006, wherein the the Ld. Forum below has dismissed the complaint on contest without any cost against the OP-1 and exparte against the OP-2 and 3.

The brief factsof the case of the complainant before the Forum below were that taking loan from the OP-3 the Complainant purchased one LML Vespa Scooter Select-II on 01.09.2001 from the OP-1 at a cost of Rs.37,186/- inclusive of Rs.3,192/- on account of registration, insurance and road tax. The OP-2 is the distributor of the scooter concerned. After one month the original tax token and the insurance policy were given to him but he is yet to get the registration book/blue book for the scooter from the OP-1, for which the scooter is still in the name of the OP-3-Indian Bank although he paid the entire loan amount to the Bank’s satisfaction. Inspite of repeated visits to the OP-1’s offce the OP-1 did not supply the registration book, instead assured to supply the same. The Op-1 took various pleas like non-receipt of the registration book from the OP-2 as well as from the Motor Vehicle Office and the book is remaining under process, avoided to give the same to him. After awaiting for than two years the Complainant that the assurance had no basis and issued written complaint through his advocate and by himself on 01.03.2005 and 04.05.2005, but to no effect. For want of proper registration he could not ply and use the scooter and for this reason he suffered mental agony for the inefficiency and deficiency in service of the OP-1 and the OP-2. Finding no other alternative the Complainant filed the complaint before the District Forum praying for direction upon the OP-1 and 2 to hand over the registration book/blue book for the said scooter to him, to pay compensation of Rs.1,00,000/- for harassment and mental agony caused by the OPs and to pay him litigation cost.

Being dissatisfied with the above-mentioned judgment the Complainant-Appellant has preferred the present appeal before this Commission contending the same facts as stated by him before the Ld. district Forum in his complaint. According to the Appellant the judgment passed by the District Forum being erroneous and illegal is liable to be set aside. The Appellant has prayed for allowing the present appeal.

Filing wriiten objection before the Ld. Forum below the OP-1 disputed and denied all the allegations of the Complainant. The OP-1 has admitted the selling of the Scooter and handing over money receipt, final invoice, tax token and insurance policy to him, but denied the allegation of the Complainant that they did not supply the blue book to him, as according to them, the blue book was obtainable from the Motor Vehicle Authority and not from them. Raising point of limitation the OP-1 submitted that the complaint was time barred as the said vehicle was purchased on 01.09.2001 and the complaint filedby the Complainant on 24.02.2006.

On careful consideration of the record and various documents it is seen by us that there is no dispute that taking loan from the OP-3 the Complainant-Appellant purchased one LML Vespa Scooter Select-II on 01.09.2001 from the OP-1-Respondent-1 at a cost of Rs.37,186/- inclusive of Rs.3,192/- on account of registration, insurance and road tax. After one month the original tax token and the insurance policy were given to the Appellant but he is yet to get the registration book/blue book for the scooter from the Respondent-1 till the date of filing the complaint before the Forum below, for which the scooter is still in the name of the Financer-Indian Bank although he paid the entire loan amount to the Bank’s satisfaction. Inspite of repeated visits to the Respondent-1’s offce it did not supply the registration book, instead assured to supply the same. It took various pleas like non-receipt of the registration book from the OP-2 as well as from the Motor Vehicle Office and the book is remaining under process, avoided to give the same to him. After waiting for than two years the Appellant issued written complaint through his advocate and by himself on 01.03.2005 and 04.05.2005, but to no effect. For want of proper registration the Appellant could not ply and use the scooter and for this reason he suffered mental agony for the inefficiency and deficiency in service of the Respondents. Hence the Complainant-Appellant has filed the complaint. The contention of the Respondent-1 in this regard is that the Responent –1 is not liable to hand over the Blue Book to the Appellant and it is the duty of the Appellant to collect the Blue Book from the Motor Vehicle Department producing the receipt. But the Respondent no-1 has failed to file any law in support of its contention that it has no liability to hand over the Blue Book to the purchaser. It is an admitted fact that regarding Registration, Insurance and Road Tax the Respondent has already received requisite amount from the purchaser-Appellant at the time of purchasing the same. Therefore in our considered view where the Respondent no-1 has received the money from the Appellant, it is liable to hand over the blue book to the Appellant as early as possible. Regarding point of limitation we are of the opinion that it is true that the Appellant purchased the two-wheeler on 01.09.2001 and the complaint was filed on 24.02.2006. We have noticed that at the time of purchasing the same though the Appellant paid the entire amount towards registration insurance and road tax, the Blue Book has not been handed over to him inspite of his several correspondence. The Appellant issued letters on 01.03.2005 and 04.05.2005, but to no effect. As the Blue Book is a necessary document for running the two-wheeler and several requests has been made for handing over the Blue Book, it is a continuous cause of action and the complaint cannot be termed as time barred. Regarding compensation we are of the view that due to deficiency in service on the part of the Respondent no-1 the Appellant was not in a position to transfer the scooter in his own name due to non-supply of the Blue Book to him for a long period. The Appellant has paid the entire amount towards the loan to the Bank to it’s satisfaction. There is also no doubt that the Respondent no-1 has received the entire amount from the Appellant but did not care and take any step to hand over the Blue Book to the Appellant. For such delay the Respondent no-1 is liable to pay compensation towards harassment and mental agony of the Appellant. In our opinion it will meet the justice if the Respondent-1 shall pay a sum of Rs.2000/- towards compensation to the Appellant within a period of 45 days from the date of the judgment.

Going by the forgoing discussion we are of the opinion that the appeal be allowed in part on contest against the Respondent no-1 and exparte against the Respondent no-2 and 3. As the judgment passed by the Ld. Forum below suffers from infirmity and material irregularity, we are inclined to set aside. The Respondent-1 is directed to pay the compensation amounting to Rs.2000/- to the Appellant within a period of 45 days from the date of the judgmentand the Respondent-1 is further directed to hand over the Blue Book to the Appellant within 45 days from the date of the judgment. With the above observation the appeal be disposed of accordingly. The office is directed to send down the copy of the judgment to the Ld. Forum below and issue the same upon the recorded Advocates of all the parties free of cost forthwith.